IVEY v. STATE

No. 03-06-00683-CR.

250 S.W.3d 121 (2007)

Mark William IVEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 8, 2008.


Attorney(s) appearing for the Case

Adam Reposa, Austin, for appellant.

David A. Escamilla, County Atty., Austin, for appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.


OPINION

G. ALAN WALDROP, Justice.

We withdraw the unanimous opinion and judgment issued August 30, 2007, and substitute the following opinion, dissenting opinion, and judgment in its place.

Appellant Mark William Ivey appeals the trial court's decision to place him on two years' probation following his conviction for driving while intoxicated. We affirm.

Ivey was arrested and charged by information and complaint with the offense of...

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